Getting into any type of accident and incurring injuries can be a very devastating situation. Not only will you have to manage through the physical pain and injuries that need to be cared for, but it can also cause a lot of stress and anxiety. At the same time, you may find yourself unable to work or enjoy your normal life for a period of time. In some cases, the personal injury that you have could be due to the negligence or accident of another party.
If your personal injury was caused due to the fault of another party, you may want to file a personal injury lawsuit. A personal injury lawsuit that is properly prepared by an experienced attorney could help you to receive the compensation that you are entitled to. However, you may find that a personal injury lawsuit can take quite a while to complete.
While some can be completed much faster, it is not uncommon for a full claim and lawsuit to take several years. There are several reasons why your lawsuit could take much longer than you would like.
Complexity of Damages
One factor that can influence how long it will take for your personal injury lawsuit to take is the complexity of the damages. A personal injury claim will want to account for all of the known and unknown damages that you can expect to incur.
This could include all of your medical bills, the costs of future therapy, pain, suffering, and even lost wages. While some of these costs you may know upfront, others can take some time to evaluate. Due to this, you are normally advised to wait to file a claim until you have a clear picture of what your costs will be associated with personal injury.
Amount of Compensation Due
Once you know what the costs of your compensation will be, the ultimate size of the claim can also delay the process. If your injuries are relatively minor, and the claim is not too significant, the process can move quickly. This is particularly true if your claim would be covered under another party’s insurance policy.
Usually, an insurance company will know that the cost of fighting a small claim is not worth the legal cost. In these cases, the claim is under the policy limit, your attorney will be able to come to a negotiation and settlement with the insurance company in a short period of time.
Cooperation of Other Party
One of the most significant factors that will influence how long the entire personal injury lawsuit process takes is how cooperative the other party is. A personal injury claim can be a stressful process for both those that are injured and those that are at fault. Due to this, there are situations when someone will try to avoid the situation as much as possible.
If the other party, their insurance company, or their legal support is not answering phone calls, emails, or letters from you or your attorney, it can be more complicated. During this process, it is important to keep a record of all of your communication. Ultimately, if they are not willing to negotiate and discuss in good faith, there will come a time when they are required by law to attend either a court session or arbitration.
Does Case Go to Trial
The vast majority of personal injury claims will not ever see the inside of a courtroom. Most of the time, the claim is able to be settled outside of the courtroom between the various parties. However, there are always situations when the two parties are not able to come to a settlement and agreement. If this is the case for you, the case will have to go to trial. Once it is determined that your case does need to go to a civil trial, it can take months to get the date set and the trial moving.
After the civil trial is done, you will receive a judgment on the case. However, this does not necessarily mean the end of the process. If you, or the other party, do not receive the outcome that they want, they are still entitled to an appeal. The full appeals process can then take even more time until an ultimate outcome is determined.
If you have been injured in a lawsuit, it is very important that you have an experienced personal injury attorney by your side, for example, the team at the CWA Law Firm. Getting experts can provide you with all of the guidance and support that you need during this process. The team will be able to provide you with a full consultation on your case and then help you determine the best way to move forward. This can help you receive the compensation that you are entitled in a much quicker and more efficient process.
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